Article 1156
Article 1162
An obligation is a juridical necessity to
give, to do or not to do.
Obligations derived from quasi-delicts
shall be governed by the provisions of Chapter
2, Title XVII of this Book, and by special laws.
Article 1157
Obligations arise from:
Article 1163
(3) Quasi-contracts;
Every person obliged to give something
is also obliged to take care of it with the proper
diligence of a good father of a family, unless the
law or the stipulation of the parties requires
another standard of care.
(4) Acts or omissions punished by law; and
Article 1164
(5) Quasi-delicts.
The creditor has a right to the fruits of
the thing from the time the obligation to deliver
it arises. However, he shall acquire no real right
over it until the same has been delivered to
him.
(1) Law;
(2) Contracts;
Article 1158
Obligations derived from law are not
presumed. Only those expressly determined in
this Code or in special laws are demandable,
and shall be regulated by the precepts of the
law which establishes them; and as to what has
not been foreseen, by the provisions of this
Book.
Article 1159
Obligations arising from contracts have
the force of law between the contracting
parties and should be complied with in good
faith.
Article 1160
Obligations derived from quasicontracts shall be subject to the provisions of
Chapter 1, Title XVII, of this Book.
Article 1161
Civil obligations arising from criminal
offenses shall be governed by the penal laws,
subject to the provisions of Article 2177, and of
the pertinent provisions of Chapter 2,
Preliminary Title, on Human Relations, and of
Title XVIII of this Book, regulating damages.
Article 1165
When what is to be delivered is a
determinate thing, the creditor, in addition to
the right granted him by Article 1170, may
compel the debtor to make the delivery.
If the thing is indeterminate or generic,
he may ask that the obligation be complied with
at the expense of the debtor.
If the obligor delays, or has promised to
deliver the same thing to two or more persons
who do not have the same interest, he shall be
responsible for any fortuitous event until he has
effected the delivery.
Article 1166
The obligation to give a determinate
thing includes that of delivering all its
accessions and accessories, even though they
may not have been mentioned.
Article 1167
If a person obliged to do something fails
to do it, the same shall be executed at his cost.
This same rule shall be observed if he
does it in contravention of the tenor of the
obligation. Furthermore, it may be decreed that
what has been poorly done be undone.
Article 1168
When the obligation consists in not
doing, and the obligor does what has been
forbidden him, it shall also be undone at his
expense.
Article 1169
Those obliged to deliver or to do
something incur in delay from the time the
obligee judicially or extrajudicially demands
from them the fulfillment of their obligation.
However, the demand by the creditor
shall not be necessary in order that delay may
exist:
(1) When the obligation or the law expressly so
declare; or
(2) When from the nature and the
circumstances of the obligation it appears that
the designation of the time when the thing is to
be delivered or the service is to be rendered
was a controlling motive for the establishment
of the contract; or
(3) When demand would be useless, as when
the obligor has rendered it beyond his power to
perform.
In reciprocal obligations, neither party
incurs in delay if the other does not comply or is
not ready to comply in a proper manner with
what is incumbent upon him. From the moment
one of the parties fulfills his obligation, delay by
the other begins.